1 Name of Regulation
This Regulation is the Fisheries Management (Ocean Trap and Line Share Management Plan) Regulation 2006.
2 Commencement
This Regulation commences on 5 February 2007.
The Ocean Trap and Line Share Management Plan set out in the Appendix to this Regulation has effect.
Appendix
(Clause 3)
Part 1 Preliminary
1 Name of Plan
This is the Ocean Trap and Line Share Management Plan.
2 Definitions
(1) In this Plan:drift line means a line which is attached to a float, buoy or similar device, not being a float, buoy or device which is:(a) held in the hand or attached to fishing gear held in the hand, or(b) secured in any other manner which prevents it from drifting or floating freely.endorsement means an endorsement on a commercial fishing licence that authorises the taking of fish in the fishery.endorsement holder means a person who holds a commercial fishing licence that has an endorsement.fishery means the ocean trap and line fishery (as described in Schedule 1 to the Act).natural coast line has the same meaning as it has in the Fisheries Management (General) Regulation 2010.ocean trap and line fishing business means a fishing business the components of which include shares in the fishery.ocean waters has the meaning given by Schedule 1 to the Act.Secretary means the Secretary of the Department of Industry, Skills and Regional Development.set line means any line not held in the hand, or not attached to fishing gear held in the hand, which is used or intended to be used for the purpose of taking fish, but does not include a drift line.Supporting Plan means the Fisheries Management Supporting Plan as set out in the Appendix to the Fisheries Management (Supporting Plan) Regulation 2006.the Act means the Fisheries Management Act 1994.use, in relation to any fishing gear, includes set or lift the fishing gear (whether or not the fishing gear is baited).wire trace line means a line that is made from or includes one or more metal strands.Note—The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Plan.(2) Notes used in this Plan do not form part of the Plan.(3) In this Plan, longitude and latitude coordinates are in WGS84 datum, unless otherwise provided.
Part 2 Objectives of Plan
3 Objectives, performance indicators and triggers for review
(1) The objectives of this Plan are set out in Column 1 of the Table to this clause.(2) For the purposes of section 57 (2) (a) of the Act, the performance indicator in relation to each objective of this Plan is set out in Column 2 of the Table to this clause next to the objective concerned.(3) For the purposes of section 57 (2) (b) of the Act, a review of this Plan is required in the circumstances provided for in Column 3 of the Table to this clause next to the objective and performance indicator concerned.(4) In the Table:key secondary species means a species of fish listed as a key secondary species of fish in Table 2 to Schedule 1.primary species means a species of fish listed as a primary species of fish in Table 1 to Schedule 1.secondary species means a species of fish that are retained in the fishery but which is not a primary species or a key secondary species.Table
Part 3 Description of fishery
Note 1—
The ocean trap and line fishery consists of the following (as described in Schedule 1 to the Act):
(a) the use of a fish trap to take fish from ocean waters,
(b) the use of a line with hooks attached to take fish from ocean waters,
(c) the use of a spanner crab net to take spanner crabs from ocean waters that are north of a line drawn due east from Korogoro Point (Hat Head).
Note 2—
Ocean waters is defined in Schedule 1 to the Act as waters east of the natural coast line. However, for the purposes of the fishery, ocean waters do not include the waters within 3 nautical miles of:
(a) the high water mark on Lord Howe Island, or
(b) Balls Pyramid.
A reference to ocean waters extends to ocean waters managed in accordance with the law of the State under an arrangement with the Commonwealth, but only while that arrangement has effect.
4 Classes of share
The following classes of share are available in the fishery:(a) Ocean trap and line—line fishing western zone shares,(b) Ocean trap and line—line fishing eastern zone shares,(c) Ocean trap and line—demersal fish trap shares,(d) Ocean trap and line—school and gummy shark shares,(e) Ocean trap and line—spanner crab northern zone shares,(f) Ocean trap and line—spanner crab southern zone shares,(g) Ocean trap and line—spanner crab quota shares.Note—The classes of shares referred to in paragraphs (a)–(f) correspond to the types of endorsements available in the fishery.The shares referred to in paragraph (g) were issued as a further class of shares under section 71A of the Act. See Part 3A of this Plan for provisions relating to those shares.
5 Types of endorsement
(1) There are 6 types of endorsement available in the fishery, as follows:(a) Line fishing western zone endorsement,(b) Line fishing eastern zone endorsement,(c) Demersal fish trap endorsement,(d) School and gummy shark endorsement,(e) Spanner crab northern zone endorsement,(f) Spanner crab southern zone endorsement.(2) Line fishing western zone endorsement A line fishing western zone endorsement authorises the holder to use a handline, rod (or pole) and line, set line or drift line to take fish from ocean waters that are west of the 183 metre (100 fathoms) depth contour.Note—See clauses 8 and 9 for endorsement conditions.(3) Only shareholders who hold ocean trap and line—line fishing western zone shares are eligible to be given, or to nominate a person to be given, a line fishing western zone endorsement.(4) Line fishing eastern zone endorsement A line fishing eastern zone endorsement authorises the holder to use a handline, rod (or pole) and line, set line or drift line to take fish from ocean waters that are east of the 183 metre (100 fathoms) depth contour.Note—See clause 8 for endorsement conditions.(5) Only shareholders who hold ocean trap and line—line fishing eastern zone shares are eligible to be given, or to nominate a person to be given, a line fishing eastern zone endorsement.(6) Demersal fish trap endorsement A demersal fish trap endorsement authorises the holder to take fish from ocean waters by means of a fish trap set or used on the sea bed.(7) Only shareholders who hold ocean trap and line—demersal fish trap shares are eligible to be given, or to nominate a person to be given, a demersal fish trap endorsement.(8) School and gummy shark endorsement A school and gummy shark endorsement authorises the holder to take school and gummy sharks using a set line from ocean waters south of a line drawn due east from the northern point of the entrance to Moruya River.(9) Only shareholders who hold ocean trap and line—school and gummy shark shares are eligible to be given, or to nominate a person to be given, a school and gummy shark endorsement.(10) Spanner crab northern zone endorsement A spanner crab northern zone endorsement authorises the holder to use a spanner crab net to take spanner crabs from ocean waters that are north of a line drawn due east from the southern breakwall at Yamba.(11) Only shareholders who hold ocean trap and line—spanner crab northern zone shares are eligible to be given, or to nominate a person to be given, a spanner crab northern zone endorsement.(12) Spanner crab southern zone endorsement A spanner crab southern zone endorsement authorises the holder to use a spanner crab net to take spanner crabs from ocean waters that are south of a line drawn due east from the southern breakwall at Yamba and north of Korogoro Point (Hat Head).(13) Only shareholders who hold ocean trap and line—spanner crab southern zone shares are eligible to be given, or to nominate a person to be given, a spanner crab southern zone endorsement.
Part 3A Quota shares
5A New class of shares
(1) The class of shares known as ocean trap and line—spanner crab quota shares are available in the fishery.(2) These shares are created as a further class of shares under section 71A of the Act and are referred to in this Plan as .
5B Criteria for issue of quota shares
(1) A person is eligible to be issued with quota shares if the person is an eligible shareholder in relation to those shares.(2) A person is an in relation to ocean trap and line—spanner crab quota shares if, on the relevant date, the person holds ocean trap and line—spanner crab northern zone shares or ocean trap and line—spanner crab southern zone shares.(3) The Minister is to determine the number of quota shares to be issued to each eligible shareholder.(4) The determination is to be made on the basis of an allocation formula set out in a notice published by the Secretary in the Gazette.(5) The allocation formula is also to be made available on the Department’s website.(6) The relevant date is the date specified as the relevant date in the notice published by the Secretary under subclause (4).
5C Issue of quota shares
(1) The Minister is to issue quota shares to eligible shareholders in accordance with the determination under clause 5B.(2) The Minister must, as soon as practicable after issuing quota shares:(a) notify each shareholder of the number of quota shares issued to the shareholder, and(b) give each shareholder a statement in writing of any rights of appeal by the shareholder to the Share Appeal Panel.
5D Appeals to Share Appeal Panel
(1) A person who has been issued with quota shares may appeal to the Share Appeal Panel against the Minister’s determination of the number of quota shares issued to the person.(2) When a person lodges an appeal, the quota shares issued to the person are shares that are subject to appeal.(3) The transfer of, or any other registrable dealing in, quota shares that are subject to appeal is not permitted.(4) On completion of an appeal, the Minister may cancel or issue shares in order to give effect to a decision of the Share Appeal Panel.(5) No compensation is payable by or on behalf of the State for the cancellation by the Minister of shares that are subject to appeal in order to give effect to a decision of the Share Appeal Panel.(6) For the purposes of section 90 (1) (e) of the Act, shares that are subject to appeal are to be registered as such on the Share Register.(7) Shares cease to be subject to appeal if:(a) the appeal to the Share Appeal Panel is withdrawn, or(b) the appeal to the Share Appeal Panel is finalised and the Minister has done anything necessary to give effect to the decision of the Share Appeal Panel.Note—The Supporting Plan contains provisions relating to lodging an appeal to the Share Appeal Panel in relation to the issue of quota shares.
Part 4 Minimum and maximum shareholdings
6 Minimum shareholdings
(1) For the purpose of section 67 (1) of the Act, the minimum shareholding in relation to a class of shares specified in the Table to this clause is, subject to subclause (2), the number of shares of that class specified in the Table next to the class concerned.Note—A person who does not hold the minimum shareholding required for a class of shares will not be eligible to be given, or to nominate another person to be given, an endorsement that authorises the taking of fish in respect of shares of that class. See sections 68 (3) (b) and 69 (2) of the Act.(2) Despite subclause (1), the minimum shareholding in relation to ocean trap and line—spanner crab northern zone shares if the shareholder held the shares immediately before the commencement of the amendments to this clause made by the Fisheries Management Legislation Amendment Regulation 2015 is 5 shares of that class.(3)–(6) (Repealed)(7) A person who is issued with shares of a class as a consequence of a decision of the Share Appeal Panel on an appeal in relation to the issue of shares in the fishery and who would have been entitled to an endorsement in the fishery, or to nominate a person to be given an endorsement, if those shares had been issued before the commencement of this Plan, is taken to be an original entitlement holder in relation to that class of shares.(8) The shares relied on to meet the minimum shareholding requirement must all be a component of the same ocean trap and line fishing business.Table
7 Maximum shareholding
For the purpose of section 72 (1) of the Act, the maximum shareholding is 40% of the total number of shares in the fishery at the commencement of this Plan.
Part 4A Fishing gear
Note—
Section 24 of the Act makes it an offence for a person to use a net or trap for taking any fish unless its use by the person for taking those fish is declared by the regulations to be a lawful use of the net or trap. This Part sets out the types of fishing gear that may be lawfully used in the fishery (and the conditions of use).
7A Fish trap
(1) It is lawful for the holder of a demersal fish trap endorsement to use a trap for taking fish (other than rock lobsters) in the waters of the fishery specified in the Table to this clause if the trap complies with the description set out in relation to those waters in that Table and the following conditions are complied with:(a) the fish trap is not used unless its position is indicated by a buoy that:(i) is moored so as to be positioned above the trap, and(ii) has a diameter above the water of not less than 150 mm, and(iii) has a weight of not less than 500 g suspended not less than 5 metres under the float so that no rope is floating on the surface of the water, and(iv) displays, in clearly visible figures and letters that are not less than 50 mm in height and that are of a colour which contrasts with that of the buoy, the registration number of the commercial fishing licence of the fisher who set the trap, followed by the letter “F”,(b) the trap is not used in such a manner as to impede the free passage of fish on either or any side of the trap or in such a manner that any 2 traps are closer than 5 metres apart,(c) the trap is not used unless it is secured or weighted so that the trap rests on the seabed,(d) the endorsement holder does not use, at any one time, more than the maximum number of fish traps that the endorsement holder is entitled to use at any one time.(2) For the purposes of subclause (1) (d), the maximum number of fish traps that an endorsement holder is entitled to use at any one time is 30 fish traps for each demersal fish trap fishing business in respect of which the endorsement holder is entitled to take fish. For example, if the endorsement holder is entitled to take fish on behalf of 2 demersal fish trap fishing businesses, the maximum number of fish traps that the endorsement holder is entitled to use at any one time is 60 fish traps.(3) In this clause, a demersal fish trap fishing business means a fishing business the components of which include a demersal fish trap endorsement.(4) For the purposes of this Plan or any other instrument under the Act, a trap referred to in this clause may be referred to as a fish trap.Table Fish trap
7B Spanner crab net
(1) It is lawful for the holder of a spanner crab northern zone endorsement or a spanner crab southern zone endorsement to use a net for taking spanner crabs in the waters specified in the Table to this clause if the net complies with the description set out in relation to those waters in that Table and the following conditions are complied with:(a) in the case of the holder of a spanner crab southern zone endorsement who is:(i) a single commercial fisher, not more than 20 spanner crab nets are used at any one time, or(ii) a crew comprising a commercial fisher and 1 or more commercial fishers or crew members, not more than 30 spanner crab nets are used at any one time,(b) in the case of the holder of a spanner crab northern zone endorsement, not more than 30 spanner crab nets are used at any one time,(c) the endorsement holder identifies the position of the net by attaching to a part of the net, which is at or above water level, a tag with dimensions of at least 80 mm by 25 mm and which clearly displays:(a) the endorsement holder’s name in capital letters, and(b) the registration number of the commercial fishing licence of the endorsement holder who set the net or, if the endorsement holder is the holder of a fishing boat licence, the letters “LFB” followed by the licence number of the boat that the holder has used to set the net.(2) For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a spanner crab net or a commercial spanner crab net.Table Spanner crab net
7C Types of hooks to be used on set lines
(1) The holder of a line fishing endorsement must not for the purpose of taking fish in the fishery:(a) use any set line with hooks attached unless the hooks are circle hooks, or(b) use any set line in waters that are less than 92 metres (50 fathom) deep with hooks attached unless the hooks are non-offset hooks.(1A) It is a condition of an endorsement that the endorsement holder does not contravene this clause.(2) In this clause:circle hook means a hook that is generally circular in shape and that curves inwards so that a straight line drawn from the point of the hook, following the line of the point of the hook, crosses the shank of the hook (but not the eye of the hook).line fishing endorsement means a line fishing western zone endorsement, a line fishing eastern zone endorsement or a school and gummy shark endorsement.non-offset hook means a hook that when laid on a flat surface (except for the eye of the hook where the line is attached) lies entirely on the same dimensional plane (that is, flat).
7D Use of set lines (restrictions applying to waters within 3 nm)
(1) This clause applies to the holder of a line fishing endorsement when taking fish by means of a set line in ocean waters that are not more than 3 nautical miles from the natural coast line.(2) The holder of a line fishing endorsement must not for the purpose of taking fish in the fishery:(a) use more than 10 set lines, or(b) use any set line with more than 6 hooks attached, or(c) use any bottom set line with wire trace line, or(d) use a set line unless the endorsement holder identifies that line by attaching to a part of that line, which is at or above water level, a tag with dimensions of at least 80 mm by 25 mm and which clearly displays:(a) the endorsement holder’s name in capital letters, and(b) the registration number of the commercial fishing licence of the endorsement holder who set the line or, if the endorsement holder is the holder of a fishing boat licence, the letters “LFB” followed by the licence number of the boat that the holder has used to set the line.(3) Subclause (2) (b) does not apply to the holder of a school and gummy shark endorsement taking school and gummy shark in ocean waters south of a line drawn due east from the northern point of the entrance to the Moruya River, if all hooks attached to the set line or lines being used are no smaller than 9/0.Note—However, see clause 7E.(4) It is a condition of an endorsement that the endorsement holder does not contravene this clause.(5) In this clause:bottom set line means any set line that is configured so that any part of the mainline, traces or hooks are within 5 metres of the sea bed.line fishing endorsement means a line fishing western zone endorsement, a line fishing eastern zone endorsement or a school and gummy shark endorsement.Note—Under section 4 (1) of the Act, to “take” fish includes to attempt to do so.
7E Use of set lines (other restrictions applying to waters outside 3 nm and the taking of school and gummy shark)
(1) This clause applies to the following fishing activities:(a) the taking of fish by means of a set line in ocean waters more than 3 nautical miles from the natural coast line, and(b) the taking of school and gummy shark by means of a set line in ocean waters south of a line drawn due east from the northern point of the entrance to the Moruya River, if all hooks attached to the set line or lines being used are no smaller than 9/0.(2) The holder of a line fishing endorsement must not, for the purpose of taking fish in the fishery, use a set line or lines if the total of all hooks on all set lines being used by the endorsement holder at any one time, for the purposes of a fishing activity to which this clause applies, exceeds either of the following limits:(a) a limit of 1,200 hooks per endorsement (the endorsement limit),(b) a limit of 1,200 hooks per fishing business (the fishing business limit).(3) The endorsement limit applies in respect of each line fishing endorsement, so that the maximum number of hooks that may be used on set lines at any one time, pursuant to that endorsement, in waters to which the endorsement applies is 1,200.(4) The fishing business limit applies to all line fishing endorsements that are components of the same fishing business, so that the maximum number of hooks that may be used on set lines at any one time pursuant to endorsements that are components of that fishing business is 1,200 hooks.Note—For example, if a fisher holds both a line fishing western zone endorsement and a line fishing eastern zone endorsement, and they are components of the same fishing business, the fisher must not exceed the following limits:(a) 1,200 hooks, in respect of the western zone endorsement,(b) 1,200 hooks, in respect of the eastern zone endorsement,(c) 1,200 hooks, in respect of the fishing business of which the endorsements are a component.Accordingly, the fisher could use up to 1,200 hooks on set lines in the western zone without exceeding the endorsement limit for that endorsement, and use up to 1,200 hooks on set lines in the eastern zone without exceeding the endorsement limit for that endorsement. However, the fisher must ensure that the total number of hooks used across both zones does not exceed 1,200, as this is the fishing business limit for those endorsements.(5) A separate endorsement limit applies in respect of each line fishing endorsement. Accordingly, an endorsement holder who is taking fish in particular waters pursuant to 2 or more line fishing endorsements of exactly the same type may use up to 1,200 hooks in those waters for each endorsement held, without exceeding an endorsement limit.Note—For example, a fisher taking fish pursuant to 2 line fishing western zone endorsements may use up to 2,400 hooks without exceeding the relevant endorsement limits.(6) A separate fishing business limit applies in respect of each separate fishing business. Accordingly, an endorsement holder who is taking fish in the fishery pursuant to 2 or more line fishing endorsements that are components of separate fishing businesses (whether or not of the same type) may use up to 1,200 hooks for each fishing business, without exceeding a fishing business limit.Note—For example, a fisher taking fish pursuant to 2 line fishing western zone endorsements that are components of separate fishing businesses may use up to 2,400 hooks in the western zone without exceeding either an endorsement limit or a fishing business limit.However, if one endorsement is a line fishing western zone endorsement and the other endorsement is a line fishing eastern zone endorsement, the separate endorsement limits would still apply. That is, the fisher could use a maximum of 1,200 hooks in each zone.(6A) The endorsement holder must not, for the purpose of taking fish in the fishery in accordance with this clause, use a set line unless the endorsement holder identifies that line by attaching to a part of that line, which is at or above water level, a tag with dimensions of at least 80 mm by 25 mm and which clearly displays:(a) the endorsement holder’s name in capital letters, and(b) the registration number of the commercial fishing licence of the endorsement holder who set the line or, if the endorsement holder is the holder of a fishing boat licence, the letters “LFB” followed by the licence number of the boat that the holder has used to set the line.(7) It is a condition of an endorsement that the endorsement holder does not contravene this clause.(8) In this clause, line fishing endorsement means a line fishing western zone endorsement, a line fishing eastern zone endorsement or a school and gummy shark endorsement.Note—Under section 4 (1) of the Act, to “take” fish includes to attempt to do so.
7F Use of drift lines
(1) The holder of a line fishing endorsement must not, for the purpose of taking fish in the fishery, use a drift line to which is attached:(a) more than 1 hook unless each hook is part of a gang of hooks, or(b) more than 1 gang of hooks, or(c) a gang of hooks that comprises more than 5 hooks, or(d) another drift line.(2) The holder of a line fishing endorsement must not, for the purpose of taking fish in the fishery, use more than 30 drift lines at any one time.(2A) The endorsement holder must not, for the purpose of taking fish in the fishery, use a drift line unless the endorsement holder identifies that line by attaching to a part of the float, buoy, or similar device to which that line is attached, which is at or above water level, a tag with dimensions of at least 80 mm by 25 mm and which clearly displays:(a) the endorsement holder’s name in capital letters, and(b) the registration number of the commercial fishing licence of the endorsement holder who set the line or, if the endorsement holder is the holder of a fishing boat licence, the letters “LFB” followed by the licence number of the boat that the holder has used to set the line.(3) It is a condition of an endorsement that the endorsement holder does not contravene this clause.(4) In this clause:gang of hooks means a group of hooks, each of which is attached to, and in direct contact with, at least 1 other of those hooks.line fishing endorsement means a line fishing western zone endorsement or a line fishing eastern zone endorsement.Note—Section 25 of the Act also makes it an offence for a person to be in possession of any fishing gear in, on or adjacent to any waters if the use by that person of that fishing gear for taking fish from those waters is, at that time, prohibited by or under the Act.
7G Use of fish spikes and other implements
(1) An endorsement holder must not, while on board a boat being used to take fish in the fishery, use any of the following to pierce, impale, beat or otherwise injure any fish or other organism taken in any catch:(a) a knife, fish spike or similar implement,(b) a club or similar implement.(2) Subclause (1) does not apply to the use of a knife, fish spike or similar implement to kill or process any fish taken in any catch that are to be retained.(3) It is a condition of an endorsement that the endorsement holder does not contravene this clause.
7GA Use of handline or rod
(1) The holder of a line fishing endorsement must not, when taking fish by means of a handline or rod (or pole) and line in ocean waters that are not more than 3 nautical miles from the natural coast line, for the purpose of taking fish in the fishery, use any handline or rod (or pole) and line with more than 6 hooks attached.(2) It is a condition of a line fishing endorsement that the endorsement holder does not contravene this clause.
Part 4B Areas of operation
7H Restrictions on areas of operation
For the purposes of section 20 (2) of the Act, it is declared that the waters specified in Column 1 of Schedule 2 are waters in which the class of commercial fishing that consists of the method of fishing specified in Column 2 of that Schedule next to the waters concerned is prohibited.
Part 5 General requirements in relation to taking fish
8 Taking of school and gummy shark
(1) For the purposes of section 68 (6A) of the Act, it is a condition of a line fishing western zone endorsement and a line fishing eastern zone endorsement that the endorsement holder does not take school or gummy shark from ocean waters that are south of a line drawn due east from the northern point of the entrance to Moruya River.(2) This clause does not apply to an endorsement holder acting as authorised by a school and gummy shark endorsement.
9 Taking of deepwater species of fish
For the purposes of section 68 (6A) of the Act, it is a condition of a line fishing western zone endorsement that the endorsement holder does not take any of the following species of fish in the fishery:(a) blue eye trevalla (Hyperoglyphe antarctica),(b) ling (Genypterus spp.),(c) gemfish (Rexea solandri),(d) hapuka (Polyprion oxygeneios),(e) bass groper (Polyprion americanus).
9A Taking of female spanner crab (seasonal restriction)
For the purposes of section 20 (2) of the Act, it is declared that the class of commercial fishing that consists of the taking of female spanner crab (Ranina ranina) from the waters of the fishery is prohibited during the period from 21 October in any year to 20 January in the following year (both dates inclusive).
9B Taking of male spanner crab (seasonal restriction)
For the purposes of section 20 (2) of the Act, it is declared that the class of commercial fishing that consists of the taking of male spanner crab (Ranina ranina) from the waters of the fishery is prohibited during the period from 21 November to 20 December in each year (both dates inclusive).
10 Boat capacity restrictions
(1) For the purposes of section 68 (6A) of the Act, it is a condition of an endorsement that the endorsement holder does not use a boat to take fish in the fishery if it has a length exceeding the maximum boat length specified in Column 1 of the Table to this clause.Table
11 Automated baiting machines prohibited
(1) For the purposes of section 68 (6A) of the Act, it is a condition of an endorsement that the endorsement holder does not use an on-board automatic baiting machine in connection with taking fish in the fishery.(2) In this clause, an automated baiting machine means a machine with a mechanical system that automatically affixes bait on hooks or snoods (or both) to a line, so that there is no need to affix bait by hand at the time of setting fishing gear.
12 Taking of fish with the assistance of others
For the purposes of section 68 (6A) of the Act, it is a condition of an endorsement that the endorsement holder does not use a boat to take fish in the fishery with the assistance of more than 3 persons who do not hold the same type of endorsement to take fish as the endorsement holder.
12AA Bag limits for certain species
(1) For the purposes of section 17 (1) of the Act, the daily limit of a species of fish described in Column 1 of Schedule 3 is, when the fish are taken from waters specified opposite that species of fish in Column 4 of that Schedule and the person taking the fish falls within the class of endorsement holders specified next to the species in Column 3 of that Schedule, the quantity specified next to that species in Column 2 of that Schedule.(2) For the purposes of section 17B (1) (a) of the Act, the possession limit of fish of a species described in Column 1 of Schedule 3 is, when the fish are taken from waters specified opposite that species of fish in Column 4 of that Schedule and the person in possession of that species of fish falls within the class of endorsement holders specified next to the species described in Column 3 of that Schedule, the quantity specified next to that species in Column 2 of that Schedule.(3) For the purposes of section 21 (1) (d) of the Act, it is a defence to a prosecution for an offence under section 18 (2) of the Act that is constituted by being in possession of fish in contravention of a possession limit imposed by this Plan if the person charged satisfies the court that the fish were lawfully taken from outside the fishery.
Part 5A
12A–12D (Repealed)
Part 6 General
13 Adoption of Supporting Plan
For the purposes of section 57A (5) of the Act, the provisions of the Supporting Plan, as they relate to the fishery, and as in force from time to time, are adopted by this Plan.
14 Authorised amendments to Plan
For the purposes of section 64 of the Act, any amendment to this Plan is authorised.
Schedule 1 Primary and key secondary species
(Clause 3)
Table 1 Primary species
Common name | Scientific name |
Australian Bonito | Sarda australis |
Banded Rockcod | Epinephelus ergastularius |
Blue-eye trevalla | Hyperoglyphe antarctica |
Gummy shark | Mustelus antarcticus |
Leatherjacket spp. | various (Family: MONACANTHIDAE) |
Rubberlip morwong | Nemadactylus douglasii |
Silver trevally | Pseudocaranx dentex |
Snapper | Pagrus auratus |
Spanner crab | Ranina ranina |
Yellowfin bream | Acanthopagrus australis |
Yellowtail kingfish | Seriola lalandi |
Table 2 Key secondary species
Common name | Scientific name |
Bass groper | Polyprion americanus |
Dolphin fish | Coryphaena hippurus |
Gemfish | Rexea solandri |
Hapuku | Polyprion oxygeneios |
Jackass morwong | Nemadactylus macropterus |
Mulloway | Argyrosomus japonicus |
Pearl perch | Glaucosoma scapulare |
Pigfish | Bodianus unimaculatus |
Shark spp. | various |
Spanish mackerel | Scomberomorus commerson |
Spotted mackerel | Scomberomorus munroi |
Sweep | Scorpis lineolata |
Teraglin | Atractoscion aequidens |
Wobbegong sharks | Orectolobus spp. |
Schedule 2 Restrictions on areas of operation
(Clause 7H)
Column 1 | Column 2 |
Area affected | Methods of fishing prohibited |
Iluka—Woody Bay | |
The whole of the waters of Woody Bay enclosed by a line drawn from the broad arrow mark engraved in the rock at the north-easterly end of the Woody Head camping ground (29°21.890′S, 153°22.440′E), then in a northerly direction for approximately 300 metres to the broad arrow mark engraved in the rock labelled FD near Seagull Hole (29°21.780′S, 153°22.430′E), then in a south-westerly direction to the Maritime Authority of NSW navigation buoy (29°21.850′S, 153°22.274′E), then in a south-westerly direction to the post marked “NSWF” on the foreshore (29°21.940′S, 153°22.260′E), then along the mean high water mark to the point of commencement. | Any method involving the use of a fish trap. |
Coffs Harbour Entrance | |
All waters within the following boundaries:
| Any method involving the use of a fish trap. |
Coffs Harbour—Harbour | |
The whole of the waters of Coffs Harbour, west of a line drawn from the northern extremity of the eastern breakwater (30°18.535′S, 153°09.164′E), north to Muttonbird Island, but exclusive of waters enclosed by the following bearings:
| Any method involving the use of a fish trap. |
Crowdy Head Boat Harbour | |
The whole of the waters of the boat harbour at Crowdy Head and the adjoining South Pacific Ocean up to a line drawn from the most northern extremity of the southern breakwater to the most western extremity of the northern breakwater, that part of the South Pacific Ocean extending 100 metres in a westerly direction from the abovementioned line, and also that part of the South Pacific Ocean extending 100 metres on the seaward side of the breakwaters of the Crowdy Head boat harbour from the beginning of the breakwaters to their extremities. | Any method involving the use of a fish trap. |
Ex-HMAS Adelaide Reserve | |
The whole of the waters enclosed by the following coordinates:
| Any method of fishing. |
Bellambi Point | |
The whole of the waters adjacent to Bellambi Point from a line drawn from the northernmost point of the breakwater nearest to Bellambi Point boat ramp in a direction of 55 degrees north-easterly for a distance of 150 metres, then in a direction of 360 degrees due north for a distance of 85 metres to a line bearing 270 degrees due west for a distance of 280 metres, then in a direction of 180 degrees due south to the foreshore at the mean high water mark, then along the foreshore in a generally easterly direction to the breakwater, then along the breakwater at the mean high water mark to the point of commencement. | Any method involving the use of a fish trap. |
Schedule 3 Bag limits
(Clause 12AA)
Column 1 | Column 2 | Column 3 | Column 4 |
Species of fish | Daily limit and possession limit | Fishers to whom bag limit applies | Waters |
Banded rockcod (Epinephelus ergastularius), Greeneye dogfish (Squalus blainvillei), Redfish (Centroberyx cynea), Large eyed jobfish (Etelis coruscans), Blue warehou (Serioella brama). | 15 kilograms comprised of any single species or a combination of species, whether whole or gutted and gilled. | Holders of a line fishing western zone endorsement who do not also hold a line fishing eastern zone endorsement. | Waters north of latitude 29°15′S. |
Wobbegong shark (Orectolobus spp.). | 6 comprised of any single species or a combination of species. | All endorsement holders. | All ocean waters. |
Appendix: Am 2008 (232), Sch 2.5; 2008 (521), Sch 2.5 [1]–[5]; 2008 (522), Sch 6 [1]–[8]; 2009 (357), Sch 4; 2010 (105), Sch 2; 2010 (114), Sch 6 [1]–[3]; 2011 (148), Sch 6 [1]–[4]; 2013 No 111, Sch 3.12; 2014 (356), Sch 7 [1]–[7]; 2015 (808), Sch 5 [1]–[3]; 2016 (449), Sch 4 [1]–[3]; 2017 (309), Sch 3 [1]–[3].